AB783,18,8 6(5) "Therapeutic misadventure" means an unintended medical error made by
7a health care provider or an unexpected mechanical failure of a medical device
8during the treatment of a patient that causes serious harm to the patient.
AB783, s. 33 9Section 33. 979.01 (title) of the statutes is amended to read:
AB783,18,11 10979.01 (title) Reporting deaths required; penalty; taking specimens by
11coroner or medical examiner jurisdiction for investigating deaths.
AB783, s. 34 12Section 34. 979.01 (1) (intro.) of the statutes is amended to read:
AB783,18,2413 979.01 (1) (intro.) All physicians, authorities of hospitals, sanatoriums,
14public and private institutions, convalescent homes, authorities of any institution
15of a like nature, and other persons having
Any health care provider, director of an
16inpatient health care facility, as defined in s. 50.135 (1), director of a long-term
17care facility, as defined in s. 16.009 (1) (em), director of emergency medical
18services, director of a correctional facility, or any other person who has
knowledge
19of the death of any person who has died under any of the following circumstances
20individual, shall, if any of the following applies, immediately report the death to
21the sheriff, police chief, the medical examiner or coroner of in the county where in
22which
the death took place individual was pronounced dead or in which the
23individual's body or remains were located and may report the death to a law
24enforcement officer in that county
:
AB783, s. 35 25Section 35. 979.01 (1) (a) of the statutes is amended to read:
AB783,19,2
1979.01 (1) (a) All deaths in which there are The death involves unexplained,
2unusual, or suspicious circumstances.
AB783, s. 36 3Section 36. 979.01 (1) (b) of the statutes is repealed and recreated to read:
AB783,19,54 979.01 (1) (b) The death is a suspected homicide, including a death resulting
5from an act of bioterrorism, as defined in s. 166.02 (1r).
AB783, s. 37 6Section 37. 979.01 (1) (c) of the statutes is repealed and recreated to read:
AB783,19,77 979.01 (1) (c) The death is a suspected suicide.
AB783, s. 38 8Section 38. 979.01 (1) (d) of the statutes is amended to read:
AB783,19,109 979.01 (1) (d) All deaths following The death is of a woman and is associated
10with
an abortion, as defined in s. 253.10 (2) (a).
AB783, s. 39 11Section 39. 979.01 (1) (e) of the statutes is amended to read:
AB783,19,1512 979.01 (1) (e) All deaths due to Injury or poisoning may be a contributing cause
13of the death
, whether homicidal, suicidal or accidental or not the injury or poisoning
14is the primary cause of death and regardless of the interval between the injury or
15poisoning and the death
.
AB783, s. 40 16Section 40. 979.01 (1) (f) of the statutes is repealed and recreated to read:
AB783,19,2017 979.01 (1) (f) The death occurs while the individual is in the actual or
18constructive custody of a law enforcement officer, during active pursuit of the
19individual by a law enforcement officer, or otherwise involves a law enforcement
20officer.
AB783, s. 41 21Section 41. 979.01 (1) (g) of the statutes is amended to read:
AB783,19,2522 979.01 (1) (g) When there was no The individual was not under the care of a
23physician, or accredited practitioner of a bona fide religious denomination relying
24upon prayer or spiritual means for healing in attendance within 30 days preceding

25for the illness or condition that caused the death.
AB783, s. 42
1Section 42. 979.01 (1) (h) of the statutes is repealed and recreated to read:
AB783,20,62 979.01 (1) (h) The death occurs while the individual is confined in a federal
3prison in this state, a state prison, county jail or house of correction, a juvenile
4correctional facility, as defined in s. 938.02 (10p), or a juvenile detention facility, as
5defined in s. 938.02 (10r), or is otherwise incarcerated in the custody of the
6department of corrections or of a county sheriff.
AB783, s. 43 7Section 43. 979.01 (1) (i) of the statutes is amended to read:
AB783,20,148 979.01 (1) (i) When, after After reasonable efforts, a physician cannot within
96 days after the pronouncement of death, or sooner under circumstances that the
10coroner or medical examiner determines constitute an emergency,
be obtained to sign
11the medical certification as required under s. 69.18 (2) (b) or (c) within 6 days after
12the pronouncement of death or sooner under circumstances which the coroner or
13medical examiner determines to be an emergency
, or all persons authorized to certify
14the cause of death under s. 69.18 (2) (b) or (c) refuse to sign the death certificate
.
AB783, s. 44 15Section 44. 979.01 (1) (j) to (p) of the statutes are created to read:
AB783,20,1716 979.01 (1) (j) The death occurs while the individual is detained or
17institutionalized under s. 51.20, 971.14, or 971.17 or ch. 980.
AB783,20,2018 (k) The death occurs while the individual is receiving emergency care at a
19hospital, as defined in s. 50.33 (2) (a) and (c), or a physician's office, as defined in s.
20101.123 (1) (dg).
AB783,20,2321 (L) The death occurs during a diagnostic, anesthetic, or therapeutic procedure
22or during administration of medication and is suspected to be associated with a
23therapeutic misadventure.
AB783,21,3
1(m) The death is suspected to be associated with the abuse of a chemical
2substance that may be legally used or with the use of a controlled substances, as
3defined in s. 961.01 (4).
AB783,21,74 (n) The death is associated with an epidemic or pandemic, with the spread of
5a dangerous communicable disease, as defined by the department of health and
6family services, or with a disease-causing agent that may pose a threat to public
7health.
AB783,21,98 (o) The individual's remains are discovered outside a cemetery or documented
9burial plot.
AB783,21,1210 (p) The coroner or medical examiner for the county in which the individual was
11pronounced dead or in which the individual's body or remains were located, in a
12written and published death reporting protocol, requires that the death be reported.
AB783, s. 45 13Section 45. 979.01 (1g) of the statutes is repealed and recreated to read:
AB783,21,1614 979.01 (1g) If a law enforcement officer is notified of a death under sub. (1), the
15law enforcement officer shall immediately notify the coroner or medical examiner in
16the county in which the body or remains were located.
AB783, s. 46 17Section 46. 979.01 (1i) of the statutes is created to read:
AB783,21,2318 979.01 (1i) If there is reason to believe that a death that must be reported under
19sub. (1) was caused by a crime, injury, or other event that occurred in a county in this
20state, other than the county in which the body is located, the coroner or medical
21examiner in the county in which the body is located shall immediately notify the
22coroner or medical examiner in the county in which the crime, injury, or other event
23is believed to have occurred.
AB783, s. 47 24Section 47. 979.01 (1k) of the statutes is created to read:
AB783,22,4
1979.01 (1k) (a) Except as provided in par. (b), if a death must be reported under
2sub. (1), the coroner or medical examiner in the county in which the crime, injury, or
3other event that caused the death occurred has jurisdiction to investigate the cause
4and manner of death.
AB783,22,105 (b) If there is reason to believe that a death that must be reported under sub.
6(1) was caused by a crime, injury, or other event that occurred outside this state, or
7if after reasonable efforts it cannot be determined where the crime, injury, or other
8event that caused the death occurred, the coroner or medical examiner in the county
9in which death is pronounced has jurisdiction to investigate the cause and manner
10of death.
AB783, s. 48 11Section 48. 979.01 (1m) of the statutes is renumbered 979.01 (1m) (a) and
12amended to read:
AB783,22,1713 979.01 (1m) (a) The Except as provided in par. (b), the coroner or medical
14examiner receiving notification under sub. (1) or (1g) who has jurisdiction to
15investigate a death under this section
shall immediately, within a reasonable time
16after receiving notice of the death,
notify the district attorney for his or her county
17or the attorney general of the death
.
AB783, s. 49 18Section 49. 979.01 (1m) (b) of the statutes is created to read:
AB783,22,2119 979.01 (1m) (b) Subject to s. 979.04 (2), the coroner or medical examiner is not
20required to notify the district attorney or attorney general of any deaths for which
21the district attorney, in writing, waives notice.
AB783, s. 50 22Section 50. 979.01 (1p) of the statutes is created to read:
AB783,22,2423 979.01 (1p) A coroner or medical examiner who receives notice of a death under
24sub. (1), or his or her designee, shall notify the deceased's next of kin of the death.
AB783, s. 51 25Section 51. 979.01 (1r) of the statutes is amended to read:
AB783,23,5
1979.01 (1r) If the coroner or medical examiner is notified of a death under sub.
2(1) or (1g) and determines that his or her notification of the death was not required
3under sub. (1) or (1g),
the discovery of human remains under this section and
4determines that the remains have no forensic significance,
he or she shall notify the
5director of the historical society under s. 157.70 (3).
AB783, s. 52 6Section 52. 979.01 (2) of the statutes is renumbered 979.01 (2) (a) and
7amended to read:
AB783,23,98 979.01 (2) (a) Any person individual who violates this section shall sub. (1) may
9be fined not more than $1,000 or imprisoned not more than 90 days or both.
AB783, s. 53 10Section 53. 979.01 (2) (b) of the statutes is created to read:
AB783,23,1311 979.01 (2) (b) Any partnership, association, organization, institution, or body
12politic or corporate that violates sub. (1) may be fined not more than $10,000 or
13imprisoned not more than 90 days or both.
AB783, s. 54 14Section 54. 979.01 (3) of the statutes is repealed.
AB783, s. 55 15Section 55. 979.01 (3m) of the statutes is repealed.
AB783, s. 56 16Section 56. 979.01 (4) of the statutes is renumbered 979.105 and amended to
17read:
AB783,24,718 979.105 Authorization to embalm. No person may embalm or perform an
19autopsy on
or dispose of the body of any person who has died under any of the
20circumstances listed in this section unless the person obtains the
individual whose
21death must be reported under s. 979.01 (1) without the
written authorization of the
22coroner of the county in which the injury or cause of death occurred. Such
23authorization shall be issued by the
or medical examiner who has jurisdiction to
24investigate the death under s. 979.01. An authorization to embalm shall include
25information necessary to identify the deceased, the date and place of death, the name

1of the funeral director or person acting in the place of the funeral director, and shall
2specify that the coroner or medical examiner does not provide authorization to
3override the wishes of the next of kin of the deceased with respect to disposition of
4the body. The
coroner or a deputy medical examiner, or his or her designee, shall
5issue an authorization to embalm under this section
within 12 hours after
6notification of the reportable death, or
as soon thereafter as possible in the event of
7unexplained, unusual or suspicious circumstances
after being notified of the death.
AB783, s. 57 8Section 57. 979.015 of the statutes is amended to read:
AB783,24,15 9979.015 Subpoena for documents. Upon the request of the coroner, medical
10examiner or, district attorney, or attorney general, a court shall issue a subpoena
11requiring the production of documents necessary for the determination of a
12decedent's
relevant to determining the cause or manner of a decedent's death. The
13documents may include the decedent's patient health care records and treatment
14records, as defined in ss. 51.30 and 146.81 (4).
The documents shall be returnable
15to the officer named in the subpoena.
AB783, s. 58 16Section 58. 979.017 of the statutes is created to read:
AB783,24,22 17979.017 Custody of and authorization to move a body. (1) The coroner
18or medical examiner who has jurisdiction to investigate a death under s. 979.01 has
19legal custody of the decedent's body until he or she releases the body for disposition.
20Temporary transfer of a decedent's body for the purpose of removing a body part that
21is the subject of an anatomical gift under s. 157.06 does not constitute release of legal
22custody of the body.
AB783,25,2 23(2) If an individual's death must be reported under s. 979.01 (1), no person may
24move the individual's body at or from the scene of death without authorization from
25the coroner or medical examiner to whom the death was first reported under s.

1979.01, except if it is necessary to move the body to perform search or rescue
2operations for living individuals.
AB783, s. 59 3Section 59. 979.02 (title) of the statutes is amended to read:
AB783,25,4 4979.02 (title) Autopsies and other diagnostic procedures.
AB783, s. 60 5Section 60. 979.02 of the statutes is renumbered 979.02 (1) and amended to
6read:
AB783,25,237 979.02 (1) The coroner, or medical examiner or district attorney who has
8jurisdiction to investigate a death under s. 979.01
may order the conducting of that
9an autopsy upon or other appropriate diagnostic procedure be performed on the body
10of a dead person any place within the state in cases where an inquest might be had
11as provided in s. 979.04 notwithstanding the fact that no such inquest is ordered or
12conducted. The autopsy shall be conducted by a licensed physician who has
13specialized training in pathology. The district attorney may move the circuit court
14for the county in which the body is buried for an order disinterring the body for
15purposes of autopsy. The order shall be granted by the circuit court upon a
16reasonable showing that any of the criteria specified in s. 979.04 exists. This section
17does not prevent additional autopsies or examinations of the body if there are
18unanswered pathological questions concerning the death and the causes of death
the
19deceased, or may extract from the body any specimen, bodily fluids, other bodily
20material, or other material for analysis that will assist him or her in conducting a
21death investigation. The coroner or medical examiner shall dispose of specimens,
22fluids, and materials that are no longer of use in the investigation in accordance with
23standard biological material practices and county evidence retention rules.
AB783, s. 61 24Section 61. 979.02 (2) to (7) of the statutes are created to read:
AB783,26,4
1979.02 (2) The coroner or medical examiner who has jurisdiction to investigate
2a death under s. 979.01, or his or her designee, shall order that an autopsy and any
3other appropriate diagnostic procedure be performed on the body of the deceased if
4the death occurred under any of the following circumstances:
AB783,26,65 (a) The death likely resulted from a criminal act, unless the district attorney
6or attorney general waives the requirement for an autopsy.
AB783,26,77 (b) The death must be reported under s. 979.01 (1) (b), (f), (h), or (j).
AB783,26,98 (c) The deceased was under 18 years of age and the death is unexplained or
9unusual.
AB783,26,12 10(3) If the conditions for ordering an inquest under s. 979.04 (1) are satisfied,
11the district attorney or attorney general may order an autopsy conducted on the body
12of a deceased.
AB783,26,14 13(4) An autopsy ordered under this section may be performed only by a licensed
14physician who has undergone specialized training in pathology.
AB783,26,17 15(5) The requirement to order an autopsy under sub. (2) does not preclude a
16coroner or medical examiner from allowing the removal of a body part that is the
17subject of an anatomical gift under s. 157.06.
AB783,26,24 18(6) Except if ordered under sub. (3), no person may perform an autopsy on the
19body of an individual whose death must be reported under s. 979.01 (1) without the
20written authorization of the coroner or medical examiner who has jurisdiction to
21investigate the death under s. 979.01. In cases in which the coroner or medical
22examiner issues an authorization to perform an autopsy, the coroner or medical
23examiner shall, if possible, issue the authorization within 12 hours after being
24notified of the death, or as soon as possible thereafter.
AB783,27,7
1(7) If the coroner or medical examiner who has jurisdiction to investigate a
2death under s. 979.01 determines that an autopsy or analysis of specimens, bodily
3fluids, or other bodily materials is not required for an investigation of a death that
4must be reported under s. 979.01 (1), the coroner or medical examiner shall, upon the
5request of the deceased's representative, inform the deceased's representative of his
6or her right to privately contract for pathology-related services at his or her own
7expense.
AB783, s. 62 8Section 62. 979.025 (title) of the statutes is amended to read:
AB783,27,9 9979.025 (title) Autopsy Investigation of death of a correctional inmate.
AB783, s. 63 10Section 63. 979.025 (1) of the statutes is amended to read:
AB783,27,1911 979.025 (1) Inmate confined to an institution in this state. If a coroner or
12medical examiner determines that the death of
an individual dies, who died while
13he or she is in the legal custody of the department and confined to a correctional
14facility located in this state, the coroner or medical examiner of the county where the
15death occurred shall perform an autopsy on the deceased individual. If the coroner
16or medical examiner who performs the autopsy determines that the individual's
17death
may have been the result of any of the situations that would permit the district
18attorney or attorney general to order an inquest under s. 979.04 (1), the coroner or
19medical examiner shall follow the procedures under s. 979.04 (2).
AB783, s. 64 20Section 64. 979.025 (2) of the statutes is amended to read:
AB783,28,821 979.025 (2) Inmate confined in an institution in another state. If an
22individual dies while he or she is in the legal custody of the department and confined
23to a correctional facility in another state under a contract under s. 301.07, 301.21,
24or 302.25, the department shall have an autopsy and any other appropriate
25diagnostic procedure
performed by an appropriate authority in the other state or, if

1the body is returned to this state,
by order of the coroner or medical examiner of the
2county in which the circuit court is located that sentenced the individual to the
3custody of the department. If the coroner or medical examiner who performs orders
4the autopsy or other diagnostic procedure in this state determines that the
5individual's death may have been the result of any of the situations that would
6permit the district attorney to order an inquest under s. 979.04 (1), the coroner or
7medical examiner shall forward the results of the autopsy or other diagnostic
8procedure
to the appropriate authority in the other state.
AB783, s. 65 9Section 65. 979.025 (3) of the statutes is amended to read:
AB783,28,1310 979.025 (3) Costs of an autopsy and diagnostic procedure. The costs of an
11autopsy or other diagnostic procedure performed under sub. (1) or (2) or performed
12on an inmate confined in a correctional facility in this state under s. 979.02 (2) (b)

13shall be paid by the department.
AB783, s. 66 14Section 66. 979.027 of the statutes is created to read:
AB783,28,25 15979.027 Disinterment for autopsy or other diagnostic procedure. The
16district attorney or attorney general may move the circuit court for the county in
17which a body is buried for an order disinterring the body for the purpose of
18conducting an autopsy or other diagnostic procedures. The order shall be granted
19by the circuit court upon a reasonable showing that any of the criteria specified in
20s. 979.04 exists. The clerk of the circuit court shall send a copy of the order to the
21coroner or medical examiner in the county in which the body is buried. Upon receipt
22of the order, the coroner or medical examiner shall issue a permit for disinterment
23and reinterment under s. 69.18 (4) (c). This section does not preclude the
24performance of additional autopsies or examinations of the body if there are
25unanswered pathological questions concerning the death and the causes of death.
AB783, s. 67
1Section 67. 979.03 of the statutes is repealed.
AB783, s. 68 2Section 68. 979.032 of the statutes is created to read:
AB783,29,6 3979.032 Coroner or medical examiner investigation records. (1) The
4coroner or medical examiner shall create and maintain, in accordance with rules
5promulgated under s. 165.65 (4), a record for each investigation conducted under s.
6979.01 that includes all of the following:
AB783,29,77 (a) The full name of the deceased and any known alias used by the deceased.
AB783,29,88 (b) A coroner or medical examiner case number.
AB783,29,99 (c) A case activity log.
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